Davidson v. Kenney’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here the failure of proof results from a misconceived theory of recovery, but the evidence nevertheless shows a state of facts which may entitle the plaintiff to recover under a proper theory, in the interests of justice — and where the theory asserted at trial was not for strategic advantage — “ ‘the judgment will not be reversed outright, but instead, in the exercise of sound judicial discretion, the case will be remanded to give-[the plaintiff] the opportunity to amend his petition, if so advised, so as to state a case upon the theory which his evidence discloses.’ ””

   1 later decision quote this exact passage
   e.g. Tower Properties Co. v. Allen

2. “A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month’s notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.”

   1 later decision quote this exact passage
   e.g. Tower Properties Co. v. Allen